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2015 Supreme(Online)(Kar) 28

KARNATAKA HIGH COURT
*N. K. Patil, G. Narendar, JJ.
Ajay M. v. Venkateshwara Hatcheries Pvt. Ltd. and Another
M. F. A. No. 1723 of 2011



1. This appeal by the claimant is directed against the impugned judgment and award dated 28.10.2010, passed in M.V.C. No. 1224 of 2009 by the Presiding Officer, Fast Track Court - Ill, Mysore (for short, 'the Tribunal') for enhancement of compensation on the ground that the compensation of Rs. 6,15,000, awarded by the Tribunal in his favour as against his claim for Rs. 75,00,000, is inadequate.

2. The appellant claims to be aged about 19 years and pursuing his studies in 2nd semester Engineering at VTU. He was hale and hearty prior to the date of accident. That at about 9.30 a.m., on 26.2.2007, when the appellant was proceeding on his motor cycle bearing registration No. KA 09 - EC 4356 towards Nanjangud, near Kadakota, K.E.B. Cross turning, he met with an accident on account of rash and negligent driving by the driver of a goods Tempo bearing registration No. KA 9 - A 7303, which was coming from the opposite direction at a high speed in a rash and negligent manner. Due to the impact, the appellant fell down along with the vehicle and sustained head injury and became unconscious. Immediately, he was shifted to J.S.S. Hospital, Mysore and thereafter to B.G.S. Apollo Hospital for better treatment.

3. It is the case of the appellant that still he has not recovered from the grievous head injury and other injuries sustained in the road accident and that his parents have spent considerable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and, therefore, he has to be compensated adequately.

4. On account of the grievous injuries sustained in the accident, the appellant, being in semi - conscious condition, represented by his natural guardian, mother, M. Nagamani, had filed the claim petition under S.166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 75,00,000 against the respondents. The said claim petition had come up for consideration before the Tribunal on 28.10.2010. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 6,15,000 with interest at 6 per cent per annum from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Claims Tribunal, the appellant is in appeal before this court, seeking enhancement of compensation.

5. We have heard learned counsel for appellant and learned counsel for respondent No. 2, insurance company, for considerable length of time.

6. The principal submission canvassed by learned counsel appearing for appellant, Mr. R.D. Renukaradhya, is that the Tribunal has committed a grave error much less material irregularity, resulting in serious miscarriage of justice, in not awarding reasonable compensation on account of the grievous injuries sustained by the appellant in the road accident. He submitted that the compensation awarded by the Tribunal towards loss of amenities, discomfort and unhappiness, loss of future earnings and conveyance, nourishing food and attendant charges is on the lower side and liable to be enhanced substantially. He further submitted that the Tribunal has failed to award any compensation towards loss of one academic year, loss of marriage prospects and future attendant charges, for the reason that on account of the grievous injuries sustained, he lost one academic year and because of the permanent disability, his marriage prospects are grim and he has to take the help of an assistant for his entire future life for his day - to - day activities. He also submitted that due to the grievous head injury and other injuries sustained, the appellant took treatment as inpatient for more than five months and also underwent two major surgeries and the doctor, PW 2, after medical clinical examination has assessed the permanent physical disability of the appellant at 100 per cent. All these asp
















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